Sex Non-Discrimination and Title IX Procedure (For Incidents that Occurred after August 1, 2024)

Introduction

The College and its Board of Trustees (“Board”) seek to foster a safe and healthy learning and working environment built on mutual respect and trust as outlined in the Sex Non-Discrimination  and Title IX Policy. This procedure outlines the process for students, nonstudents, employees, and nonemployees to follow as they experience and respond to sex discrimination and other sexual misconduct occurrences. It also highlights the rights and responsibilities of all parties involved in the process and defines important related terms as outlined in Appendix A: Definitions, and provides additional resources and references.

Commitment to an Inclusive and Welcoming Campus Environment

Hudson County Community College (HCCC) aspires to maintain an organizational culture in which all constituent groups acknowledge their differences and identify commonalities while celebrating both. Our shared experiences inspire and inform our commitment to ensuring all communities are served with inclusive, high-quality educational programs that promote student success and upward social and economic mobility. The foundation of the College's mission is recognizing every person's equal and inviolable worth and dignity, independent of their situation, background, or lived experiences. The College is committed to an environment where every person is welcomed and empowered to contribute to shaping HCCC's institutional climate. Sex discrimination is an unacceptable practice in which these principles are compromised. Sex discrimination is unbecoming of HCCC’s core principles and aspirations. As such, this behavior is prohibited and not tolerated in any of its forms.

Sex discrimination may include sex stereotypes, sex characteristics, pregnancy or related conditions, and gender identity; sexual exploitation; sex-based harassment, including quid pro quo harassment, hostile environment harassment, and specific offenses such as sexual assault, stalking, and relationship violence of a sexual nature. Sex discrimination  follows no patterns as it can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Additionally, sexual misconduct can be committed by any individual regardless of their sex/gender identity or expression, and it can occur between people of the same or different sex/gender identities or expressions. For additional information about these and other terms, please see APPENDIX A: DEFINITIONS.

Any member of the College community who encourages, aids, assists, or participates in any act of sex discrimination against another violates established policy. While this procedure does not fully cover non-sexual violence or discrimination based on a protected class, these conditions are addressed by other policies and procedures governing incidents of that nature.

Training and Education 

The College provides educational and prevention programs, and information about valuable resources regarding sex non-discrimination and reporting incidents or perceived incidents through regular training of employees. Trainings are offered for new employees and regular and updated training opportunities are offered for existing employees throughout the academic year. The College also implements prevention and awareness campaigns and offers programs to reduce the risk of non-compliant behavior in the College community. The College encourages students, faculty, administrative and staff employees to learn about sex discrimination.

The Title IX Coordinator and Deputy Coordinators are valuable resources for students, faculty, administrative and staff employees who have experienced sex discrimination or are interested in learning more about how it affects the campus and society. Additionally, all members of the Title IX team receive external training on issues related to sex discrimination, which includes domestic violence, dating violence, sexual assault, and stalking. For additional information about the Title IX Team, please see APPENDIX B: TITLE IX TEAM.

Reporting Incidents

If you have experienced sex discrimination off-campus, you can call local police by dialing 911. You should go to a safe location as soon as possible and seek immediate medical attention if you are injured. If you need immediate assistance on campus, please see the contact information and location of the Title IX Team and Resources in APPENDIX C: ADDITIONAL RESOURCES.

HCCC’s proactive prevention of sex discrimination affects all members of the College community, including visitors, non-students, and non-employees.  Community members can report incidents of sex discrimination or perceived sex discrimiation online by completing a Care and Concern Form or by email, mail, phone call, or in-person through direct contact with the College’s Title IX Coordinator, Deputy Coordinator(s), or designee.  For additional information about the Title IX Team, please see APPENDIX B: TITLE IX TEAM. This type of global engagement in responding to sex discrimination incidents, violations, and misconduct is instrumental in fostering a safe and welcoming environment for all. 

Responsible employees, such as those employees who have authority to take corrective action or have responsibility for administrative leadership, teaching, or advising, include faculty members, instructors, adjunct faculty, advisors, administration, and staff, who are required to immediately report any incidents or perceived incidents of such conduct involving any member of the College community or third party. Even if the person making the report requests confidentiality, the employee must report the incident to the Title IX Coordinator, Deputy Title IX Coordinator(s), or designee(s). Please see the section below titled “Confidentiality” for additional information. 

Some employees not included above are required to either notify the Title IX Coordinator or provide the contact information of the Title IX Coordinator and information about how to report a complaint of sex discrimination online by submitting a Care and Concern Form. Licensed Mental Health Counselors and Social Workers are not required to immediately report incidents without permission or consent from Complainant, as they are considered confidential employees under the terms of Title IX based on their obligations to maintain patient confidentiality.

A report may be considered a formal complaint when provided as a physical document or an electronic submission containing the Complainant’s physical or digital signature or otherwise indicating that the Complainant is the person filing the complaint.

The College Title IX Coordinator may also sign the formal complaint, or in the absence of a complaint or withdrawal of any or all of the allegations in a complaint, may make a determination whether to initiate a complaint if the alleged is perceived to present an imminent and serious threat to the health or safety of a Complainant or another person, or prevent the College from ensuring equal access based on sex. In that case, the Title IX Coordinator is not a Complainant or a party to the complaint. The Title IX Coordinator may take other appropriate prompt and effective steps to ensure that sex discrimination does not continue or recur. The College is required by New Jersey state law to report alleged incidents of sexual assault to the appropriate law enforcement agencies. 

When a student, employee, or third party seeks to make a complaint but perceives a conflict of interest or bias with the Title IX team members, they may contact the Title IX Coordinator, a Deputy Title IX Coordinator, or any other members of the Title IX team. 

Investigation and Disciplinary Process

Preliminary Determination

Following the receipt of a complaint, the Title IX Coordinator or designee will make a preliminary determination as to whether the complaint falls within the purview of the Sex Non-Discrimination and Title IX Policy and whether there appears to be a sufficient basis to conduct a full investigation. Upon the direction of the Title IX Coordinator, the Deputy Title IX Coordinator, designee, or trained investigators may schedule initial meetings with both the Complainant(s) and Respondent(s) to gather additional details about the incident in order to arrive at the case’s preliminary determination. The burden of proof and gathering sufficient evidence to determine responsibility rests on the investigators, not the parties. For more information about the preliminary determination, please read the section titled “Initial Assessment.”

Written Notice

Upon receiving a formal complaint of sex discrimination and determination of Title IX applicability and jurisdiction, the Title IX Coordinator or designee will provide written notice to all known parties. This notice will include: 

  • Notice of the College’s grievance process that complies with this section, including any informal resolution process.
  • Notice of the allegations of sex discrimination  as defined in this procedure, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview, including:
    • The identities of the parties involved in the incident, if known;
    • The conduct allegedly constituting sexual harassment as defined in this policy;
    • The date and location of the alleged incident, if known;
    • A statement noting that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made after the grievance process;
    • A notice informing the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, who may inspect and review evidence;
    • A notice informing the parties of any provision in the HCCC Code of Conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process; and,
    • A notice informing the parties of any additional allegations added after the initial notice to the parties whose identities are known.

Investigation

The Title IX Coordinator and designees will adhere to the following guidelines during the investigatory process:

  • Equitable treatment of Complainants and Respondents.
  • Conflict-of-interest and bias free Title IX Coordinators, investigators, and decisionmakers.
  • Presumption that the Respondent is not responsible until a determination is made.
  • Reasonably prompt timeframe for all stages.
  • Reasonable steps to protect privacy of all parties and witnesses.
  • Objective evaluation of relevant evidence and the exclusion of impermissible evidence.
  • Securing the party’s voluntary written consent for accessing their records made or maintained by a physician, psychiatrist, psychologist, or other recognized professionals or paraprofessionals acting or assisting in their professional or paraprofessional capacity.
  • Obtaining written permission from a minor’s parent or guardian to access privileged records if a party is a minor.
  • Providing equal opportunity for the parties to present witnesses, including facts, expert witnesses, and other evidence; and to access the relevant and not otherwise impermissible evidence.
  • Implementation of a a policy that does not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence; and to assess credibility when credibility is in dispute and relevant, including questioning a party or witness during meetings, or in a live hearing.
  • Use of preponderance of the evidence standard of proof to determine whether sex discrimination occurred.
  • Providing the parties with the same opportunities to have an advisor of choice present during any grievance proceeding, for complaints involving a student(s):
    • The advisor is not permitted to speak on behalf of the parties or actively participate in the investigation beyond providing advice directly to the party.
    • Advisors who continuously violate this stipulation may be barred from participating further, upon which the party may select another advisor.
  • When there is a determination of sex discrimination, ensuring remedies for the Complainant or others and disciplinary sanctions for those responsible, and other appropriate prompt and effective steps to ensure that sex discrimination does not occur or recur.

Investigative Report

After the investigation, the investigative team will prepare a draft report summarizing the relevant evidence obtained. 

Before completing the investigative report, the Title IX Coordinator or designees will send to each party and the party’s advisor, if any, all evidence obtained that is directly related to the complaint to review in an electronic format or a hard copy. The document submitted may also include evidence upon which the College does not intend to rely in reaching a determination regarding responsibility.

Opportunity to Respond

The parties will have ten (10) calendar days to submit a written response that the investigator will consider before finalizing the investigative report. All the evidence, independent of whether it is relevant to the investigation, will be available for the parties’ inspection and review. The report will also be available to each party at the hearing to provide an equal opportunity to reference the evidence during the hearing, including for purposes of cross-examination.

Final Report

After allowing the parties to respond, and considering any comments received, the investigator may amend the draft report or conduct further investigation. At least ten (10) calendar days before a hearing (if there is a hearing ), or at least ten (10) calendar days prior to a determination regarding responsibility, the investigator will send to each party and the party’s advisor, if any, the draft investigative report, in an electronic format or a hard copy, for their review and submission of any formal written response(s) or objections. Any such formal written objections will be added to the final report. The final report shall fairly summarize all relevant evidence.

Initial Assessment

The Title IX Coordinator or designee may assist the Complainant with understanding the procedure, their options, and accessing resources. If the Complainant chooses to file a complaint and move forward with a formal or informal resolution process, the next step is an Initial Assessment. The Title IX Coordinator assesses the allegations to determine appropriate jurisdiction and applicable policies/procedures.

Under the federal Title IX regulations, the Title IX Coordinator is required to dismiss any formal complaint if one or more of the following is true:

  • The alleged conduct would not constitute sex discrimination as defined within the Sex Non-Discrimination Policy and Procedure, even if proved;
  • The alleged conduct did not occur in HCCC’s education program or activity;
  • The alleged conduct did not occur against a person in the United States; or
  • The Complainant is not participating or attempting to join in HCCC’s education program or activities when filing the complaint.

The Title IX Coordinator may dismiss any formal complaint if one or more of the following is true:

  • At any time during the investigation or hearing, a Complainant notifies the Title IX Coordinator in writing that he or she would like to withdraw the formal complaint or any allegations therein;
  • The Respondent is no longer enrolled or employed by HCCC; or
  • Specific circumstances prevent HCCC from gathering sufficient evidence to determine the formal complaint or allegations.

Upon a dismissal required or permitted under the federal Title IX regulations, the Title IX Coordinator will simultaneously send the parties written notice of the decision with the rationale. The parties can appeal this decision by following the procedures outlined below. If dismissal occurs, the Title IX Coordinator may refer or reinstate the allegations for resolution under an alternative campus process, policy, or procedure, if appropriate.

Supportive Measures

Upon filing an incident report of any alleged violations of the College’s Sex Non-Discrimination Policy, the Title IX Coordinator may take specific measures. They may include reaching out and providing support to the person filing the complaint, providing supportive and interim measures, as outlined below, and explaining the overall process and how to file a formal complaint if one has not been filed.

Supportive measures will be provided equitably to the Complainant and the Respondent continuously throughout the process. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after filing a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the recipient’s educational environment, or to deter sexual harassment. Supportive measures may include:

  • Counseling;
  • Extensions of deadlines or other course-related adjustments;
  • Modifications of work or class schedules;
  • Campus escort services;
  • Mutual restrictions on contact between the parties;
  • Changes in work or housing locations;
  • Leaves of absence or paid administrative leave;
  • Increased security and monitoring of certain areas of the campus; and
  • Other similar measures that may be required.

The College will maintain confidentiality of any supportive measures provided to the Complainant or Respondent to the extent that maintaining such confidentiality would not impair the ability to provide the support.

Student respondents may be removed from the College’s education program or activity on an emergency basis. Emergency removal may be undertaken after an individualized safety and risk analysis and a determination of an immediate threat to the physical health or safety of any student or another individual arising from the allegations of sex discrimination justifying removal. This process will be respectful of all rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act, as may be applicable. An employee Respondent may be placed on paid administrative leave during the investigation or grievance process. Upon removal, Respondents will be provided an immediate decision notice and all pertinent details highlighting the opportunity and steps to challenging the decision.

Informal and Formal Mechanisms for Complaint Resolution

Informal Resolution Process

After a formal complaint has been filed, before a written determination of responsibility, and upon all parties’ voluntary, informed, written consent (except when the respondent is an employee), the College will offer the opportunity to engage in an informal resolution process. The informal resolution provides the Complainant the opportunity to address the respondent in the presence of a well-trained facilitator and communicate their feelings and perceptions regarding the alleged incident, the impact of the incident, and expectations regarding protection in the future. The Respondent will have an equal opportunity to respond and address any concerns as well.

The Complainant and the Respondent may select an advisor to accompany them throughout the informal resolution process. During the informal resolution stage, the advisor may not speak on behalf of the Complainant or Respondent nor question the other parties involved. Informal resolution cannot result in the formal sanctions of suspension or expulsion from the College of the Respondent. Informal resolution may result in imposing protective actions agreed upon by the parties. Either party may elect to end such proceedings and initiate the formal grievance process prior to the conclusion of the informal resolution. In such cases, statements of the parties elicited during the informal resolution process may be used as evidence in the formal grievance process. The Title IX Coordinator or designee may determine that additional supportive measures are necessary until all formal College grievance procedures are completed, including the appeals process.

In order to promote honest and direct communication, information disclosed during informal resolution will remain confidential while the informal resolution is pending, except where disclosure may be required by law or authorized in connection with duties on behalf of the College. The investigation informal resolution process should conclude within sixty (60) calendar days with a written resolution.

Formal Grievance Process

Upon the conclusion of the investigation, if the formal complaint is not dismissed or the informal resolution does not result in a mutual agreement, the complaint will progress to a formal live hearing.

Live Hearings

The Title IX Coordinator may require a live hearing during the investigation process. The hearing will be led by a trained individual or individuals (hereafter referred to as the decision-maker(s) separate from the Title IX Coordinator or designee and any individuals involved in the investigation). All parties will have the opportunity to have others present, including an advisor of their choice. 

At the request of either party, the College will arrange for the live hearing to occur virtually, with the parties located in separate rooms equipped with technology that enables the decision-maker(s) and parties to simultaneously see and hear the party or the witness answering questions. Hearings may be conducted with all parties physically present in the same geographic location, or all parties, witnesses, and other participants may appear at the live virtual hearing. An audio or audiovisual recording, or transcript, of any live hearing will be made available to the parties for inspection and review.

At the live hearing, the parties can present statements, witnesses, and evidence supporting those statements. Both parties, as well as their designated advisor, will be permitted to address statements made by the other party and any witnesses under the following conditions:

  • Only relevant questions, including in the cross-examination, may be asked of a party or witness;
  • Before a Complainant, Respondent, or witness answers a cross-examination or other question, the decision-maker(s) must first determine whether the question is relevant and explain any decision to exclude a question as inappropriate;
  • Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless they are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior concerning the Respondent and are offered to prove consent.
  • Such questioning at the live hearing must be conducted directly, orally, and in real-time by the party’s advisor of choice and never by a party personally.

Written Determination and Appeals

Within 14 calendar days of the conclusion of formal live hearings, the decision maker(s) will simultaneously issue a written determination to the parties. The written determination will include:

  • Identification of the allegations potentially constituting sexual harassment;
  • Description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  • Findings of fact supporting the determination;
  • Conclusions regarding the application of the College’s Code of Conduct (policies) to the facts; and
  • Statement of, and rationale for, the result as to each allegation, including:
    • Any disciplinary sanctions imposed on the respondent.
    • Whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided to the Complainant.

All parties are permitted to file an appeal from a determination regarding responsibility or dismissal of a formal complaint or individual allegations on the following basis:

  • Procedural irregularity that affected the outcome of the matter.
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could affect the outcome of the matter.
  • Title IX Coordinator, the investigator(s), or decision-maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter.

Appeals must be received, in writing, by the Title IX Coordinator(s) within one week (7 calendar days) of the date of the notice of dismissal or the determination. Appeals may be submitted by email, mail, or in person.

The determination regarding responsibility becomes final on the date that the College provides the parties with the written decision of the result of the appeal, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.

Disciplinary Measures

The College will cooperate with Complainants who seek criminal prosecution under New Jersey State Penal Law to the permitted level. Any student Respondent under investigation for violating the Sex Non-Discrimination and Title IX Policy may face disciplinary action under the College’s Student Conduct process.

Any faculty, staff, or third party accused of sex discrimination may also be prosecuted under New Jersey State criminal statutes. Any faculty, administrative, or staff employee charged with such an offense will also be subject to the rules and procedures outlined in the Sex Non-Discrimination Policy and/or provisions of other applicable College policies or procedures, including those outlined in the Employee Handbook or Faculty Handbook, as amended from time to time, irrespective of collective bargaining agreements, which apply independently of any legal proceedings.

The College has the right and obligation to report instances of alleged sex discrimination to criminal authorities without the express consent of the complainant, and where a legal obligation mandates such reporting (e.g., if there is suspected assault and/or abuse or neglect of a minor).

Confidentiality

The resolution and investigative process is confidential. The College will protect the confidentiality of all parties throughout the resolution process, consistent with state and federal law provisions. Any required release of information about a resolution will be accomplished without including identifying information about the Complainant. Information about the Respondent will only be released to the extent permitted by law.

To protect the safety and inclusion of the individuals involved in the incident, the Title IX Coordinator or designee will make every effort to maintain the confidentiality of all parties involved during the inquiry or investigation into allegations of sex discrimination. If a Complainant or Respondent requests confidentiality of name(s), the Title IX Coordinator or designee will weigh that person’s request with the College’s obligation to provide a safe learning and working environment. Although the College will try to honor those requests, there may be instances where disclosure on an as-needed basis is necessary to ensure the safety and security of the College community.

Retaliation

The College prohibits retaliation including peer retaliation. No member of the College community may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under Title IX. The College will respond to conduct that reasonably may constitute retaliation using the same process it uses for other forms of sex discrimination. The exercise of rights protected under the First Amendment does not constitute retaliation.

Approved: November 2018; Amended November 2019; October 2022; August 2024
Approved by: President’s Cabinet
Category: Sex Discrimination
Responsible Department: Diversity, Equity and Inclusion, Human Resources, Student Affairs
Scheduled for Review: October 2026

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APPENDIX A: DEFINITIONS

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities operated by recipients of federal financial assistance.  Sex Discrimination jeopardizes equal access to education, and Hudson County Community College’s Sex Non-Discrimination and Title IX Procedure provides guidelines for addressing alleged acts of sex discrimination. The procedure may be applied to handle sex discrimination that includes the definitions outlined below:

Sex-based harassment: a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, that may be: (1) Quid pro quo harassment; (2) Hostile environment harassment; and/or (3) Specific offenses. 

Student with a disability means a student who is an individual with a disability as defined in the Rehabilitation Act of 1973, as amended, 29 U.S.C. 705(9)(B), (20)(B). 

Supportive measures means individualized measures offered as appropriate, as reasonably available, without unreasonably burdening a complainant or respondent, not for punitive or disciplinary reasons, and without fee or charge to the complainant or respondent to:

  1. Restore or preserve that party’s access to the recipient’s education program or activity, including measures that are designed to protect the safety of the parties or the recipient’s educational environment; or
  2. Provide support during the recipient’s grievance procedures under § 106.45, and if applicable § 106.46, or during the informal resolution process under § 106.44(k).

Sexual Harassment: Unwanted conduct that is based on an individual’s sex, sexual orientation, gender identity, or gender expression and that:

  • Conditions the provision of an educational or employment aid, benefit, or service on an individual’s participation in unwelcome sexual conduct (otherwise known as “quid pro quo”);
  • A reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an educational program or activity (otherwise known as “hostile environment”).

Complainant: A student or employee or a non-student or non-employee who was participating or attempting to participate at the time of the alleged sex discrimination. The Complainant may be treated as a party even if the Complainant chooses not to participate in the grievance process.

Complaint: an oral or written request to the recipient that objectively can be understood as a request for the recipient to investigate and make a determination about alleged discrimination under Title IX.

Formal Complaint: A formal complaint means a written and signed document filed by the Complainant or signed by the Title IX Coordinator or designee alleging sex discrimination against a respondent and requesting that HCCC investigate the allegation of sex discrimination. An investigation may include at a minimum an initial assessment.

Respondent: A person who is alleged to have violated HCCC’s prohibition on sex discrimination. The Respondent is a party for the purposes of this procedure.

Party: A Complainant or Respondent.

Actual knowledge: Notice of sex discrimination or allegations of sex discrimination to the College’s Title IX Coordinator(s) or any College official who has authority to institute corrective measures on behalf of the College. This would include personal observation of sexual harassment conduct by an employee or student. 

Officials with Authority: Includes Title IX Coordinator(s) or any College official who has authority to institute corrective measures on behalf of the College. Upon actual knowledge, officials with authority must take immediate and appropriate steps to investigate and take prompt and effective action to stop sex discrimination, prevent its recurrence, and remedy the effects.

Responsible employees: An employee who has authority to take action to redress the discrimination; has the duty to report sex discrimination or other types of misconduct to appropriate officials; or someone a student could reasonably believe has this authority or responsibility. The College requires all responsible employees to report sex discrimination to the Title IX Coordinator.

Confidential Employee: An employee, such as a Licensed Mental Health Counselor or Social Worker, whose communications are privileged or confidential under Federal or State law. The employee’s confidential status, for purposes of this procedure, is only with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies.

Remedy(ies): Where a determination of responsibility for sex discrimination has been made against the Respondent, the College may provide remedies to the Complainant. The remedy(ies) may be designed to restore or preserve equal access to the College’s educational program or activity. Remedies may include individualized services and supportive measures, and can be disciplinary or punitive, and need not avoid burdening the respondent.

Standard of Evidence: The College uses a “preponderance of the evidence” standard for all formal complaints of sex discrimination, which means that the evidence more likely than not supports or does not support the allegations made. The same standard of evidence is used for complaints against students and employees, including faculty.

Discrimination: The unjust or prejudicial treatment of different categories of people or things, especially on the grounds of race, age, or sex. Under Title IX, discrimination may include allegations of sex or gender discrimination, or program equity.

Harassment: Under Title IX, sexual harassment may include quid pro quo, hostile environment, or retaliation.

Sexual Assault:

  • Any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.
  • Any attempted or actual sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.
    • Rape is the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of any individual, regardless of their sex or gender identity/expression.
    • Include the crime as Rape, regardless of the age of the victim, if the victim did not consent or if the victim was incapable of giving consent.
    • Fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    • Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape is sexual intercourse with a person who is under the statutory age of consent.

Sexual Exploitation: Occurs when a person takes nonconsensual or abusive sexual advantage of another for his/her/their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute sexual assault, sexual misconduct, or sexual harassment.  Examples of sexual exploitation include but are not limited to making public sexual activity with another person without that other person’s consent; prostituting another person; nonconsensual video or audio recording of sexual activity; going beyond the boundaries of consent (such as letting someone hide in the closet to watch you having consensual sex); viewing another person’s sexual activity, intimate body parts, or nakedness in a place where that person would have a reasonable expectation of privacy, without that person’s consent; and/or knowingly transmitting HIV or an STI (Sexually Transmitted Infection) to another member of the campus community.

Sex-Based Harassment: Includes sexual harassment and gender-based harassment.

Gender-Based Harassment: Includes unwelcomed conduct of a nonsexual nature based on a person’s actual or perceived sex, including behavior based on gender identity, gender expression, and gender nonconforming behavior that creates a hostile environment for the student or employee.

Quid Pro Quo Sexual Harassment or Request for Sexual Favors: Unwanted conduct of a sexual nature in which submission to such conduct is made either explicitly or implicitly (or a factor affecting) a term of condition of an individual’s education, living environment, employment, or participation in a school activity or program.

Hostile Environment: A “hostile environment” exists when sex-based harassment is so severe, pervasive, and objectively offensive to deny or limit the person’s ability to participate in or benefit from the College’s programs or activities. A hostile environment can be created by anyone involved in a College’s program or activity (e.g., administrators, faculty members, students, and campus visitors). In determining whether sex-based harassment has created a hostile environment, the College considers the conduct in question from both a subjective and objective perspective. It will be necessary, but not enough, that the conduct was unwelcome to the person who was harassed.  However, the College will also need to find that a reasonable person in the person’s position would have perceived the conduct as undesirable or offensive in order for that conduct to create or contribute to a hostile environment. To make the ultimate determination of whether a hostile environment exists for any member of the College community, the College considers a variety of factors related to the severity, pervasiveness, objectively offensiveness of the sex-based harassment including: (1) the type, frequency, and duration of the conduct; (2) the identity and relationships of persons involved; (3) the number of individuals involved; (4) the location of the conduct and the context in which it occurred; and, (5) the degree to which the conduct affected a student’s education, an employee’s employment and/or a visitor’s purpose on campus. The more severe the sex-based harassment, the less need there is to show a repetitive series of incidents to find a hostile environment. Indeed, a single instance of sexual assault may be sufficient to create a hostile environment. Likewise, a series of incidents may be sufficient even if the sex-based harassment is not particularly severe.

Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the Complainant’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:

  • Dating violence includes, but is not limited to, sexual or physical abuse or  the threat of such abuse.
  • Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence: Violence is committed:

  • By a current or former spouse or intimate partner of the victim;
  • By a person with whom the victim shares a child in common;
  • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
  • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
  • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  • To be categorized as an incident of domestic violence, the relationship between the perpetrator and the victim must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

  • Fear for the person’s safety or the safety of others; or
  • Suffer substantial emotional distress. For the purposes of this definition:
    • “Course of conduct” means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
    • “Reasonable person” means a reasonable person under similar circum- stances and with similar identities to the victim.
    • “Substantial emotional distress” means significant mental suffering or anguish that may but does not necessarily require medical or other professional treatment or counseling.

Cyberstalking: Is a non-physical form of stalking and is a violation of this policy.  Therefore, using electronic media such as the internet, social networking sites, cell phones or similar devices or mediums to pursue, track, harass, monitor or make unwanted contact with another person is a violation of the Sexual Harassment Policy.

Pregnancy or related conditions: Includes pregnancy, childbirth, termination of pregnancy, or lactation; medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related. Basis for discrimination may be against any student or by exclusion of any student from the education program or activity, including any class or extracurricular activity based on such student's pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom.

Consent: With all cases of a sexual nature, consent is granted only when a person freely, actively, and knowingly agrees at the time to participate in a particular sexual act with another person. Consent exists when mutually understandable words and/or actions demonstrate a willingness to participate in a mutually agreed upon activity at every stage of that sexual activity. Either party can verbally or non-verbally withdraw consent at any stage. Consent cannot be assumed from partner silence, manner of dress, or be based on a previous or ongoing sexual relationship.

Incapacity: A person is considered incapable of giving consent if he/she/they is:

  • Under the age of consent, which is 16 in New Jersey;
  • Asleep, unconscious, and/or losing and regaining consciousness;
  • Under threat of physical force or coercion, intimidation, or duress; or
  • Mentally or physically incapacitated; for example, by medication, alcohol and/or other drugs. Evidence of physical or mental incapacity will be determined by assessing context clues such as:
    • A witness or the respondent may know how much the other party has consumed.
    • Slurred speech.
    • Bloodshot eyes.
    • The smell of alcohol on the breath.
    • Shaky equilibrium.
    • Vomiting.
    • Outrageous or unusual behavior.

Lack of protest does not imply consent. Under no circumstance does a current or previous dating relationship constitute consent.

Program or activity and program: includes all of the operations of HCCC.

Retaliation means intimidation, threats, coercion, or discrimination against any person by HCCC, a student, or an employee or other person authorized by  HCCC to provide aid, benefit, or service under HCCC’s education program or activity, for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part, including in an informal resolution process.

Peer Retaliation: means retaliation by a student against another student.

Relevant means related to the allegations of sex discrimination under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether the alleged sex discrimination occurred.

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APPENDIX B: TITLE IX TEAM

All incidents of perceived sex discrimination can be reported by completing an online Care and Concern Form or by contacting the College’s Title IX Coordinator or any designee listed below by email, mail, phone call, or in person.

The members of the Title IX team are available to provide guidance, support, and appropriate interventions, which may include:

  • Referrals to appropriate law enforcement agencies.
  • Referrals for medical treatment and/or counseling at the Counseling Center, and/or  other on-and off-campus resources.
  • Alternative accommodations for employment arrangements or academics. 

Title IX Coordinator:
Yeurys Pujols, Ed.D. 
Vice President for Diversity, Equity and Inclusion 
71 Sip Avenue -6th Floor, Office of Diversity, Equity and Inclusion 
Jersey City, NJ  07306 
(201) 360-4628 
ypujolsFREEHUDSONCOUNTYCOMMUNITYCOLLEGE 

Deputy Title IX Coordinators:

Anna Krupitskiy, J.D., LL.M., SHRM-SCP 
Vice President for Human Resources 
70 Sip Avenue – 3rd Floor, Human Resources 
Jersey City NJ 07306  
(201) 360-4071 
akrupitskiyFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Lisa Dougherty, Ed.D., MHRM 
Vice President for Student Affairs and Enrollment 
70 Sip Avenue – 1st Floor 
Jersey City, NJ 07306 
(201) 360-4111 
ldoughertyFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

David D. Clark, Ph.D. 
Associate Dean of Student Affairs 
81 Sip Avenue – 2nd Floor- Student Life and Leadership 
Jersey City NJ 07306 
(201) 360-4189 
dclarkFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Christopher Conzen, Ed.D. 
Executive Director of the Secaucus Center and Early College Programs
1 High Tech Way 
Secaucus, NJ  07094 
(201) 360-4386 
cconzenFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

John Quigley, B.A. 
Executive Director of Safety and Security 
71 Sip Avenue 
Jersey City, NJ 07306 
(201) 360-4081 
jquigleyFREEHUDSONCOUNTYCOMMUNITYCOLLEGE

Joseph Caniglia, M.A. 
Executive Director of the North Hudson Campus 
4800 Kennedy Blvd. – 7th Floor 
Union City, NJ  07087 
(201) 360-5346 

 

In the event that the incident, policy, or procedure about which a student, employee, faculty member, or third party seeks to file a report or complaint creates the appearance of a conflict of interest with any one of the members of the Title IX compliance team, complainants may contact any other member of the team directly.

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APPENDIX C: ADDITIONAL RESOURCES

All incidents of perceived sex discrimination can be reported by completing an online Care and Concern Form or by contacting the College’s Title IX Coordinator or designee. Additionally, as appropriate, the following HCCC offices and external resources can help guide and support HCCC students, employees, and community members.

Office of Diversity, Equity and Inclusion
71 Sip Avenue – 6th Floor
Jersey City, NJ  07306 
(201) 360-5399

Office of Human Resources 
70 Sip Avenue – 3rd Floor 
Jersey City NJ  07306 
(201) 360-4073

Safety and Security Coordinator  
Journal Square Campus 
81 Sip Avenue – Mezzanine Level   
Jersey City NJ  07306 
(201) 360-4080

Safety and Security Coordinator  
North Hudson Campus 
4800 Kennedy Blvd. – 2nd Floor 
Union City NJ  07087 
(201) 360-4777

Office of Accessibility Services 
71 Sip Avenue – Lower Level 
Jersey City, NJ  07306 
(201) 360-5337

OFF–CAMPUS RESOURCES

Jersey City Police – West District Office 
1 Jackson Street 
Jersey City, NJ 07304 
Office: (201) 547-5450 
Fax: (201) 547-5077

Union City Police Department 
3715 Palisade Ave. 
Union City, NJ 07087 
Office: (201) 348-5790 
Fax: (201) 319-0456 
http://unioncitypd.org

Jersey City Medical Center 
355 Grand Street 
Jersey City, NJ 07302 
Office: (201) 915-2000 
http://www.libertyhealth.org

Hackensack Meridian, Palisades Medical Center 
7600 River Road 
North Bergen, NJ, 07047 
Office: (201) 854-5000 
http://www.palisadesmedical.org

Hudson SPEAKS 
(Supports Prevents Educates Advocates to Keep Strong) 
Formerly Hudson County Rape Crisis Center 
Christ Hospital and CarePoint Health 
179 Palisades Avenue 
Jersey City, NJ 07306 
24 Hr. Hotline: (201) 795-5757 
Office: (201) 795-8741 or (201) 795-5816 
Fax: (201) 795-8761 or (201) 418-7017

Newark Beth Israel Medical Center 
(201) Lyons Avenue 
Newark, NJ 07112 
(973) 926-7000

Saint Barnabas Medical Center 
94 Old Short Hills Road 
Livingston, NJ 07039 
(973) 322-5000

Mountainside Hospital 
1 Bay Avenue 
Glen Ridge, NJ 07028 
(973) 429-6000 

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